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(영문) 특허법원 2019.08.23 2018허7392
등록무효(디)
Text

1. The decision made by the Intellectual Property Tribunal on July 10, 2018 on the case No. 2018Da125 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On January 12, 2018, the Plaintiff filed a petition for a trial for invalidation of the registered design of this case against the Defendant, the owner of the registered design of this case, as indicated in the foregoing paragraph (b) at the Intellectual Property Tribunal No. 2018Da125. In the invalidation trial procedure, “the registered design of this case is not the creator of the registered design, but the Defendant, who is not the lawful successor to the right to obtain a design from the actual creator, filed an application and registered without permission, and thus, the registered design of this case in violation of Article 3(1) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter “former Design Protection Act”), and thus, it is similar to the prior design 1 and 2 of the lawsuit of this case, and thus, the Intellectual Property Tribunal concluded that the registered design of this case can not be deemed as invalid by the former Design Protection Tribunal No. 201, May 28, 2012.”

In addition, it is related to the design protection between the Gu Design Protection Act and the Gu Design Protection Act specified in the trial decision of this case.

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